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CANADA SHIPPING ACT - Pleasure Craft Sewage Pollution Prevention Regulations
CANADA SHIPPING ACT
Pleasure Craft Sewage Pollution Prevention Regulations
SOR/91-661
REGULATIONS RESPECTING THE PREVENTION OF
POLLUTION BY SEWAGE FROM PLEASURE CRAFT
1. These Regulations may be cited as the Pleasure
Craft Sewage Pollution Prevention Regulations.
2. In these Regulations,
"Act" means the Canada Shipping Act; (Loi)
"holding tank" means a tank that is used solely for the
collection and storage of sewage and includes a tank that is an integral part of a toilet;
(citerne de retenue)
"pleasure craft" means a floating ship that is used primarily
for pleasure and includes a ship that is used for living purposes, and that does not have
a permanent connection to a land-based sewage system; (embarcation de plaisance)
"sewage" means human excrement and wastes from toilets and
other receptacles intended to receive or retain human body wastes or other wastes, but
does not include galley or washing-facility wastes. (eaux usées)
3. For the purposes of the definition
"pollutant" in section 654 of the Act, sewage is a prescribed pollutant.
4. Every owner of a pleasure craft
(a) shall comply with these Regulations while in a body of water
described in an item of Part 1 of the schedule;
(b) that is manufactured on or after the date set out in column 2 of an
item of Part 2 of the schedule shall, in the body of water described in column 1 of that
item, comply with these Regulations as of that date; and
(c) that is manufactured before the date set out in column 2 of an item
of Part 2 of the schedule shall, in the body of water described in column 1 of that item,
comply with these Regulations as of the date set out in column 3 of that item.
5. (1) Subject to subsection (2), no pleasure craft
shall discharge sewage into any body of water described in the schedule and no person
shall discharge or permit the discharge of sewage from a pleasure craft into any of those
bodies of water.
(2) For the purposes of Part XV of the Act, sewage may be discharged
from a pleasure craft into any body of water if the discharge
(a) is to ensure the safety of the craft or any person on board; or
(b) results from damage to the craft or its equipment and all
reasonable precautions are taken by the persons on board the craft after the occurrence of
the damage to prevent or minimize the discharge.
(3) A pleasure craft that is fitted with a toilet shall be fitted with
a holding tank.
(4) Subject to subsection (5), a pleasure craft may be fitted with a
piping system that allows the discharge of sewage directly
(a) from a toilet into a holding tank;
(b) from a toilet overboard by bypassing the holding tank; or
(c) from the holding tank overboard.
(5) Where a pleasure craft is fitted with a piping system referred to
in paragraph (4)(b) or (c) and is in a body of water described in the schedule, the system
shall be visibly disconnected and closed so as to prevent the possible discharge of sewage
from the craft.
6. Where a pleasure craft is fitted with a holding
tank, the tank shall
(a) be an integral part of the hull structure of the pleasure craft or
be securely attached to the hull;
(b) be constructed of structurally sound material that prevents the
tank contents from leaking;
(c) be resistant to corrosion by sewage;
(d) have an adequate capacity for the craft's normal complement;
(e) be provided with a discharge connection and piping system for the
removal of the tank contents by a pumping facility;
(f) be designed so that the level of sewage in the tank may be
determined without the tank being opened and without contacting or removing any of the
tank contents, or be equipped with a device that allows that determination to be made; and
(g) be equipped with ventilation device that
(i) has its vent outlet located on the outside of the pleasure craft
and in a safe location,
(ii) prevents the build-up within the tank of pressure that could cause
damage to the tank,
(iii) is constructed of material that cannot be corroded by sewage, and
(iv) has a flame screen of non-corrosive material fitted to the vent
outlet.
SCHEDULE
(Sections 4 and 5)
PART 1
BODIES OF WATER
British Columbia
Item |
Name and Location of Body of Water |
1. |
Shuswap Lake (lat. 50º56' N, long.
119º17' W), north of Salmon Arm |
2. |
Mara Lake (lat. 50º47' N, long.
119º00' W), east of Salmon Arm |
3. |
Okanagan Lake (lat. 49º45' N,
long. 119º44' W) West of Kelowna |
Manitoba
Item |
Name and Location of Body of Water |
1. |
Red River, from Canada - USA border to Lake Winnipeg |
2. |
Assiniboine River, from Red River upstream to St. James
Bridge in the City of Winnipeg |
3. |
Shoal Lake, Manitoba portion (lat. 49º37'
N, long 95º10' W) |
PART 2
DATES OF COMPLIANCE
British Columbia
| |
Column 1 |
Column 2 |
Column 3 |
| Item |
Name and Location of Body of Water |
Date of compliance |
Date of compliance -- pleasure craft manufactured before
the date in Column 2 |
| 1. |
Christina Lake (lat. 49º07' N, long. 118º15' W), east of
Grand Forks |
January 1, 2001 |
June 1, 2001 |
| 2. |
Horsefly Lake (lat. 52º23' N, long. 121º10' W), east of
Horsefly |
January 1, 2001 |
June 1, 2001 |
| 3. |
Kalamalka Lake (lat. 50º10' N, long. 119º21' W), south of
Vernon |
January 1, 2001 |
June 1, 2001 |
| 4. |
Pilot Bay (lat. 49º38'20" N, long. 116º52'15"
W), Kootenay Lake east of Nelson |
January 1, 2001 |
June 1, 2001 |
| 5. |
Stuart Lake (lat. 54º36' N, long. 124º40' W), northwest
of Fort St. James. Portion of the lake south of Jennie Chow Island (District Lot 7114,
Coast Land District), including a three-kilometer buffer from the mouth of the Tachie
River |
January 1, 2001 |
June 1, 2001 |
| 6. |
Carrington Bay (lat. 50º09' N, long. 125º00' W), on the
northwest coast of Cortes Island, in the Strait of Georgia. All water east of a line
extending from the southern point of land to the northern point of land at the mouth of
Carrington Bay, including Carrington lagoon |
January 1, 2001 |
June 1, 2001 |
| 7. |
Cortes Bay (lat. 50º04' N, long. 124º55' W), on the east
coast of Cortes Island, in the Strait of Georgia. All water west of a line drawn across
the narrowest point of the harbour entrance |
January 1, 2001 |
June 1, 2001 |
| 8. |
Manson's Landing and Gorge Harbour (lat. 50º04' N, long.
124º59' W), on the southwest coast of Cortes Island, in the Strait of Georgia. All water
east of a line extending from the southern boundary of Manson's Landing Provincial Park to
the western headland defining the entrance to Gorge Harbour, including Manson's Landing
Provincial Marine Park, Deadman Island and Gorge Harbour |
January 1, 2001 |
June 1, 2001 |
| 9. |
Montague Harbour (lat. 48º53' N, long. 123º24' W), on the
southwest coast of Galiano Island, in the Strait of Georgia. Northern approach: all water
south of a line southeast from Ballingall Islet to Galiano Island and east of a line from
Ballingall islet to Wilmot Head on Parker Island. Western approach: all water east of a
line connecting Parker Island to Philmore Point on Galiano Island, including Julia Island.
Montague Harbour includes Montague Harbour Marine Provincial Park |
January 1, 2001 |
June 1, 2001 |
| 10. |
Pilot Bay (lat. 49º12' N, long. 123º51' W), Gabriola
Island, on the north coast of Gabriola Island, in the Strait of Georgia, east of Nanaimo.
All water south of a line extending east from Tinson Point to the main shoreline of
Gabriola Island, including the marine area within Gabriola Sands Provincial Park |
January 1, 2001 |
June 1, 2001 |
| 11. |
Prideaux Haven (lat. 50º09' N, long. 124º41' W), in
Desolation Sound, northeast of Lund. All marine waters in the area within the following
boundaries: from a point located at a bearing of 263º and a distance of 2 080 m from the
southwest corner of District Lot 4354, Group One, New Westminster District, along a line
drawn directly north at a distance of 350 m to the southeasterly shores of Eveleigh
Island, thence along the said southeasterly shores to the most easterly point of said
Island, at Lucy Point, thence on a bearing of 77º and a distance of 1 180 m to
Copplestone Point, thence along the shores of Laura Cove, Melanie Cove, the southeasterly
shores of Prideaux Haven and Eveleigh Anchorage to the point of commencement |
January 1, 2001 |
June 1, 2001 |
| 12. |
Roscoe Bay (lat. 50º10' N, long. 124º46' W). All marine
waters of a bay on the east side of West Redonda Island, including all water west of a
line drawn due north from Marylebone Point to the opposite shore on West Redonda Island |
January 1, 2001 |
June 1, 2001 |
| 13. |
Smuggler Cove (lat. 49º31' N, long. 123º58' W). The cove
lies to the southwest of Secret Cove. All marine water east of a line drawn from the
westernmost point of Isle Capri to the westernmost point of Wibraham Point enclosed within
the boundaries of Smuggler Cove Marine Park |
January 1, 2001 |
June 1, 2001 |
| 14. |
Squirrel Cove (lat. 50º08' N, long. 124º55' W), on the
east coast of Cortes Island, in the Strait of Georgia. All water in the basin northwest of
Protection Island |
January 1, 2001 |
June 1, 2001 |
SOR/91-661 21 November, 1991 pursuant to section 656 and 657 of the
Canada Shipping Act.
amended by
SOR/93-251 11 May, 1993 pursuant to sections 656 and 657 of the Canada
Shipping Act
The definition «embarcation de plaisance» in section 2 of the French
version; and subparagraph 6(g)(ii).
SOR/94-374 26 May,1994 pursuant to sections 656 and 657 of the Canada
Shipping Act
The definition "pleasure craft" in section 2 and subsection 5
(5).
SOR/94-717 15 November, 1994 pursuant to sections 656 and 657 of the
Canada Shipping Act
The schedule is amended by adding the heading "Part I British
Columbia", and the schedule by adding Part II.
SOR/2000-216 1 June, 2000 pursuant to sections 656 and 657 of the Canada Shipping
Act, into force on June 1, 2000
Section 4 is replaced; The schedule is replaced.
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